CONTENTS Were Also Many People Who Simply Wanted of Police—Clad in Full Body Riot Armor to Be a Part of History
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Issue: September 2009 ll people in C d civil liberties of a olorado throug il rights an h litigat nd the civ ion, ed nd exte ucati Cover photo by Kim Sidwell. photo by Cover fend a on a otect, de nd a do is to pr dvo U of Colora cac The mission of the ACL y. Worth The Wait: ACLU Files Class Action Suit Over False Arrests At The DNC Nineteen year-old Tiffany Bray just wanted for the ACLU of Colorado filed suit against to leave, but an impenetrable wall of riot Denver and high-ranking police officials on ACLU Foundation police refused to let her walk away. Then August 19, just days before the one-year of Colorado they arrested her…for failing to follow a anniversary of the mass arrest, which took 400 Corona Street lawful order to disperse—an order that was place during a DNC protest march. Denver, CO 80218 never given. Were there protestors at the The march started from Civic Center (303) 777-5482 DNC who were willing to risk arrest in order Park in the early evening of August 25, www.aclu-co.org to have their message heard? Certainly. 2008. Participants marched on 15th Did some practice civil disobedience by Street and the adjoining sidewalks but willfully marching in unpermitted locations? were quickly stopped by a solid line of Absolutely. But at this momentous event there police at Court Street. A second line CONTENTS were also many people who simply wanted of police—clad in full body riot armor to be a part of history. They wanted to see and carrying an array of weapons— Ask the Experts! the rallies, the marches, the speeches and 3 quickly closed in from behind, An Interview with the unprecedented outpouring of democracy Ben Wizner confining hundreds of persons in in action. a one-block stretch of 15th Street Marching at Denver’s Bray is one of eight plaintiffs who assert that between Court and Cleveland. 4 PrideFest they were falsely arrested without probable The encircled group included cause and groundlessly prosecuted for not only the street marchers, Boulder PD Tasers 5 Unarmed Man crimes they did not commit, in violation of the but also participants who First and Fourth Amendments. They include a had been marching legally Carle Whitehead legal observer for the People’s Law Project, on the public sidewalks, 6 Dinner is Almost Here a journalist, students documenting the march, as well as legal... and peaceful onlookers who observed the 7 Liberty Run Takes march legally from the sidewalks. Lawyers Continued on page 4… First on the Fourth City Backs Off Dear Friends, 2009 has seen several changes here at Restrictions on Free the ACLU. We’ve bid farewell to some long familiar faces and welcomed new ones, Speech including Development Director Tilman Adair and This May, the Thornton City Temporary Executive Director Bruce Sattler. Council adopted a resolution Despite all the changes, however, our mission significantly restricting free remains the same. We continue to protect, defend speech at City-sponsored and extend the civil rights and civil liberties of all events such as the annual Coloradans, just as we have for the past 57 years. Fourth of July celebration Civil liberty has always run strong in the Rockies, and and fall harvest festival. In the ACLU still leads the way, carrying out the will of the response to concerns raised thousands of members just like you, ensuring that your voice is heard in the courtrooms by the ACLU, the City and halls of power, be they in your city, at the Statehouse, or in Washington, D.C. revised some of the provisions, adopted In this issue you’ll read about our involvement at each of those levels of government official interpretations in a variety of different ways. You’ll read about our lawsuit to protect free speech that were more free rights of Francisco Reina, a city council candidate in Craig who faced criminal charges speech-friendly than the for spending his own money on campaign signs and our letter to the City of Thornton, plain language of the reminding them that they cannot charge the public for the right to free speech at public policy, and provided events. Looking beyond Colorado, we partnered with the Denver Film Society for our assurance that no recent exclusive screening of The Response, a short film about the criminal tribunals at person could be Guantanamo that we paired with a discussion panel led by two local attorneys who criminally prosecuted represent four detainees at the prison. On a lighter note, you can catch up with the holiday for violating the fun we had celebrating the Fourth of July at this year’s Liberty Run. resolution. That our success continues is proof that your support does make a difference. In fact, it is your City Council’s initial consistent support that makes the ACLU of Colorado special. All of the programs mentioned resolution prohibited above are made possible only through the contributions of volunteers’ time, expertise and attendees from money. And yes, fundraising is our most critical need at this time. Your individual contributions “speaking” about will have an even bigger impact today, thanks to a very generous dollar for dollar “commercial interests” Challenge Grant from The Gay & Lesbian Fund for Colorado. This match applies to any or distributing literature amount over and above your previous gift. For example, if you give us $100 more than inside of certain City you did last year, we’ll receive another $100 from the Gay & Lesbian Fund. This challenge events unless that also applies to all new donations, which is why we are committed to keeping our most person had paid up to dedicated supporters well informed. We need you to take the lead, not only through $135 for one of a limited your own contributions, but by sharing the work of the ACLU with others who may not number of authorized understand why they need us. booths. The City Council exempted “political Sincerely, candidates” from these prohibitions, but limited candidates to distributing only business cards. Rehan K. Hasan Board Chair The ACLU contacted Thornton’s City Attorney after a concerned Thornton resident alerted us to the resolution. We noted that the City appeared to be banning individuals from speaking about issues inside a 2 City event unless that person had paid for Ask the Experts! President Obama has and obtained a booth. The ACLU also suggested that we should An Interview with Ben Wizner questioned the City’s rationale for look forward without look- allowing only political candidates to Attorney Ben Wizner of the ACLU’s ing back. But in a country speak and hand out business cards. National Security Project explains why governed by the rule of law, accountability for torture and other abuses that’s a false choice. Enforcing In response to our letter, the is necessary in order to restore the rule of the law means looking backward City Attorney provided an law and move the country forward. Since in order to ensure that abuses are interpretation of the resolution this interview, The Obama administration not repeated. This is particularly im- that was far more free-speech has appointed John Durham as a special portant given that there is still an ex- friendly than the text itself. prosecutor to investigate instances of torture traordinary debate going on in this The City Attorney stated conducted by the CIA and released some, country about the legality, the efficacy that, notwithstanding the but not all, of the government reports and the morality of torture. language of the resolution, detailing the abuse of detainees. the City did not intend to There are loud voices in the political prohibit speech of any Why does ACLU believe President Obama establishment who are still defending kind inside of City events. should release government documents and what happened during the last eight The City subsequently photos about torture? years, people who have made clear that struck the relevant if they are restored to power, they will President Obama inadvertently gave us the provision from the restore these policies. And in that context, policy. Furthermore, the best explanation when he announced that to say that we should just move on is to put he had changed his mind about releasing City Attorney stated the country at risk of returning to an era of even if the resolution photographs of abuse. The President said abuse that brought shame to our country was violated, “there that these were “rare and isolated instanc- internationally. are no criminal es” and that where appropriate, the perpe- enforcement provisions trators had been punished. Both of those Isn’t pressing for accountability a distraction, that apply.” Thornton statements are untrue. We know that the one that saps resources that need to be event attendees can abuses that were documented at Abu devoted elsewhere? rest assured that they Ghraib were routine - not an aberration. That’s an argument that could be made do not risk arrest should They took place at facilities around the about enforcing the law in any context. they choose to exercise world and not just at one prison in Iraq. What we hear over and over again is their First Amendment And we know that the highest level official that to enforce the law against political free speech rights at to face prosecution was a lieutenant colonel, leaders from the prior administration a Thornton event. even though the abusive interrogation tactics would be to criminalize policy were approved at the highest levels of De- differences.